Rules Governing the Utah State Bar – Comment Period Closes March 9, 2023

USB14-0802. Authorization to practice law. Amend. The amendments to Rule 14-802(c)(1)(H), which were expedited under UCJA Rule 11-105(5), establish that Licensed Paralegal Practitioners (LPPs) may negotiate on their client’s behalf for purposes of settlement. While these amendments are intended to be broadly applicable to all of the LPP practice areas, the immediate result is that LPPs will be able to serve unrepresented litigants on the courts’ pro se calendars.

 

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Rules of Civil Procedure – Comment Period Closes March 5, 2023

URCP004. Process. AMEND. The Committee proposes an amendment to subparagraph (d)(1)(D), similar to the amendment proposed by Judge Orme in Jordan Credit Union v. Sullivan, 2022 UT App 120, ¶ 18 (Orme, J., concurring), in order to allow for personal service of process on an incarcerated person.

URCP007. Pleadings allowed; motions, memoranda, hearings, orders. AMEND. The Committee proposes adding two motions to the subparagraph (l)(1) list of motions that a court may decide without awaiting a response. First, the Committee proposes adding a motion to strike a document filed by a vexatious litigant in violation of Rule 83(d). Where a vexatious litigant makes an improper filing, it is not presently clear whether an opposing party must proceed under Rule 7A’s procedures for enforcing the vexatious litigant order. Requiring the opposing party to do so would involve full briefing and considerable delay, contrary to the purpose of filing restrictions imposed under Rule 83. Second, the Committee proposes adding a motion to appear remotely.

URCP083. Vexatious Litigants. AMEND. The Committee proposes amending subparagraphs (b)(4) and (d)(1) to allow vexatious litigants to file a notice of appeal without first getting approval from the trial judge. Where a trial court imposes filing restrictions on a vexatious litigant, sometimes court clerks have refused attempts by the litigant to file a notice of appeal. This can create uncertainty in some cases as to whether an appellate court has jurisdiction over an appeal because the documentary evidence of a timely appeal is missing.  The amendments would make it clear that the trial court may not erect barriers to the filing of a notice of appeal. The Committee also proposes amending subparagraphs (b)(4), (b)(5), and (d)(1) to change “leave of the court” to “permission of the court” to make the language more understandable to self-represented litigants.

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Rules of Juvenile Procedure – Comment Period Closes March 4, 2023

URJP018. Summons; service of process; notice. Amend. The proposed amendments to Rule 18 include: (1) adding language that requires a bilingual notice in abuse, neglect, dependency, and termination of parental rights cases; (2) adding a subsection to 18(a)(2) to include termination of parental rights cases; and, (3) replacing the language “shall” with “must,” “will,” or “is” to conform with the Utah Supreme Court stylistic guidelines.

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Code of Judicial Administration – Comment Period Closes February 3, 2023

Amendments clarify that attorneys and licensed paralegal practitioners must file cases electronically and allow self-represented litigants to file by email.

CJA04-0503. Mandatory electronic filing in civil and probate cases (AMEND)

CJA04-0603. Mandatory electronic filing in criminal cases (AMEND)

CJA04-0801. Filing small claims cases (AMEND)

CJA04-0901. Mandatory electronic filing in juvenile court (AMEND)

CJA09-0302. Mandatory electronic filing in justice court (AMEND)

 

 

 

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Rules of Appellate Procedure – Comment Period Closed January 29, 2023

URAP004. Appeal as of right: when taken. The Committee had previously sent the rule out for comment in regards to the following proposed changes: (1) add to the rule the standard governing motion to reinstate the time for appeal; (2) restructure the section to be consistent with subsection 4(g) (addressing reinstating the right to appeal in civil cases); (3) included a one-year deadline from discovery of facts giving rise to the claim; and (4) clean up language for clarity and consistency. The Committee is proposing sending out for public comment; (1) new restructured language in regards to the one-year timeframe; and (2) clarifying what will be deemed the entry date for an order that is filed on the weekend or on a legal holiday.

URAP005. Discretionary appeals from interlocutory orders. The Committee proposes amending Rule 5 to: (1) clarify what will be deemed the entry date for an order that is filed on the weekend or on a legal holiday; and (2) clean up language for clarity and consistency.

URAP011. The record on appeal. The Committee proposes amending Rule 11 to: (1) add a requirement that parties include the position of all other parties when filing a motion; and (2) change the reference to Rule 11(e)(1) to (c)(1).

URAP022. Computation and enlargement of time. The Committee proposes amending Rule 22 to: (1) clarify what will be deemed the entry date for an order that is filed on the weekend or on a legal holiday; (2) clarify “legal holiday” and provide a web link to the Utah Courts website that lists the holidays in which the Utah State Courts are closed; (3) add a requirement that parties include the position of all other parties when filing a motion; and (4) clean up language for clarity and consistency.

URAP052. Child welfare appeals. The Committee proposes amending Rule 52 to: (1) clarify what will be deemed the entry date for an order that is filed on the weekend or on a legal holiday; (2) clean up format for consistency.

URAP057. Record on appeal; transmission of record. The Committee proposes amending Rule 57 to clarify that the record on appeal consists of the juvenile’s entire legal file, but only those parts of the juvenile’s social file that the juvenile court actually considered.

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Utah Rules of Civil Procedure – Comment Period Closed January 21, 2023

URCP059. New trial; altering or amending a judgment. (Amend). The Committee proposes amending the language of subparagraph (e) to include “unless otherwise provided for by statute or rule” because as written the rule may conflict with Utah Code section 78B-6-811(5)(b), which states a court may modify a judgment for additional amounts owed if a motion is submitted within 180 days.

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Code of Judicial Administration – Comment Period Closed January 5, 2023

CJA06-0501. Reporting requirements for guardians and conservators. Proposed amendments clarify that a corporate fiduciary must attach its own internal reports and accountings to court approved forms.

CJA03-0406. Budget and fiscal management. Proposed amendments incorporate the role of the Budget and Fiscal Management Committee and make other improvements to clarify the budget process.

CJA03-0104. Presiding judges. Proposed amendments require presiding judges to notify the appropriate state level administrator when a judge fails to submit a required case under advisement statement. If a judge fails to submit a required statement for two consecutive months, the state level administrator must notify the Management Committee.

 

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Rules Governing the Utah State Bar – Mandatory Continuing Education – Comment Period Closed December 24, 2022

The Utah Supreme Court’s Board of Mandatory Continuing Legal Education (MCLE Board) proposes amending the MCLE rules listed below. On the whole, these amendments update terminology, replacing “Live CLE” with “Verified CLE” and “Self-Study CLE” with “Elective CLE.” Rule 14-404 also clarifies some issues around the New Lawyer Training Program. And Rule 14-419 offers a new avenue for Bar licensees to obtain CLE credit: pro bono work.
Pro bono cases inherently contain an educational component because they often fall outside the licensee’s normal practice area. And there is always a large need for volunteers. As such, the Judicial Council’s Standing Committee on Resources for Self-represented Parties and the Bar’s Access to Justice Commission proposed allowing CLE credit to be given for pro bono service under the conditions identified in Rule 14-419.
The MCLE Board has, in turn, proposed a two-year pilot project to test whether the purposes for which CLE credit is given—providing education that contributes directly to a licensee’s competence, skills, professionalism, and civility—will be realized in Rule 14-419, and also whether such a rule will incentivize licensees to perform more pro bono services.

USB14-0402. Definitions. AMEND. Terminology amendments.  

USB14-0404. Active status lawyers MCLE, NLTP, admission on motion, multi-state compliance reciprocity, house counsel and UBE requirements; MCLE requirements for Paralegal Practitioners. AMEND. Terminology amendments; clarifications around the New Lawyer Training Program.

USB14-0408. Credit hour defined; application for approval. AMEND. Terminology amendments.

USB14-0409. Categories of Elective CLE defined. AMEND. Terminology amendments.

USB14-0410. Accreditation of CLE; undue hardship and special Accreditation. AMEND. Terminology amendments.

USB14-0411. Board Accreditation of CLE. AMEND. Terminology amendments.

USB14-0412. Presumptively approved CLE providers; presumptive CLE Accreditation. AMEND. Terminology amendments.

USB14-0413. CLE Accreditation for qualified audio and video presentations,  webcasts, computer interactive telephonic programs, writing, lecturing, teaching, public service, and live attendance. AMEND. Terminology amendments.

USB14-0414. Certificate of compliance; filing, late, and reinstatement fees;  suspension; reinstatement. AMEND. Terminology amendments.

USB14-0418. Remote group CLE. AMEND. Terminology amendments.

USB14-0419. CLE Credit for Pro Bono Legal Services. NEWProposes a two-year pilot project that would provide CLE credit for pro bono services performed under the auspices of a Utah court, the Utah State Bar, or a sponsoring entity.

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